Moody v. Delta Western, Inc.
38 P.3d 1139 · Alaska Supreme Court · 2002
Facts
A Delta Western employee left a fuel truck with keys in the ignition and unlocked in Dillingham. An intoxicated individual, Joseph Coolidge, stole the truck and drove recklessly, leading to Brent Moody, the Dillingham Police Chief, responding. Coolidge rammed Moody's vehicle, causing Moody permanent injuries, and Moody sued Delta Western for negligence. The superior court granted summary judgment to Delta Western, applying the Firefighter's Rule, and Moody appealed.
Issue
The central legal question is whether Alaska should adopt the Firefighter's Rule, which bars public safety officers from recovering for injuries caused by the negligent conduct that necessitated their presence. Specifically, does this rule prevent a police chief from suing a company whose negligence led to the incident he responded to?
Holding
The Alaska Supreme Court affirmed the superior court's decision, concluding that the Firefighter's Rule applies in Alaska. Therefore, summary judgment was properly granted against Police Chief Moody, barring his recovery for injuries sustained while responding to the negligently created emergency.
Rule
The Firefighter's Rule, adopted by Alaska, holds that firefighters and police officers cannot recover for injuries based on the negligent conduct that required their presence. This rule is based on public policy, recognizing that public safety officers are paid to confront such dangers, and allowing recovery would impose a double payment burden on the public.
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Case brief last reviewed . Prepared by CaseReader from the published opinion.